Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 67
3.129. However, where a role is safety-critical and a risk assessment indicates the need
for additional assurance, it is appropriate to seek corroboration of the worker’s
declaration from their general practitioner. If it is considered that the worker’s
health may endanger others, then the examining professional may need to
consider disclosure to the relevant authorities.
Health Surveillance and Disclosure in Safety Critical Contexts
Statutory health surveillance
3.130. Health surveillance may be required for certain workers based on workplace
exposures and risk assessments. Employers must maintain an up-to-date health
record for these workers, containing only identifying information and the
outcome of surveillance in terms of fitness for work (fit, unfit, or fit with
adjustments). This health record is not an occupational health clinical record
and must be retained by the employer for the period specified in relevant
Regulations.
3.131. A separate clinical record will normally be created for each surveillance
encounter. This contains consultation notes and clinical findings and is a
confidential occupational health record. Workers and employers may
need assistance in understanding the distinction between an employer held
health record and the confidential clinical record.
3.132. An overriding principle of “no surprises” should guide communication of
surveillance
outcomes.
Occupational
health
professionals
should
follow GMC guidance on consent when disclosing information for employment
purposes.
Covert surveillance
3.133. Covert monitoring by an employer means carrying out monitoring in the
workplace in a way designed to ensure workers are unaware that it is taking
place. Relevant considerations for the employer include Article 8 of the
European Convention on Human Rights 45 (ECHR), UK GDPR and the duty of
trust and confidence that is implied in a worker’s contract.
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